BVA9500476
DOCKET NO. 93-09 100 ) DATE
)
)
On appeal from the decision of the
Department of Veterans Affairs Regional Office in Chicago,
Illinois
THE ISSUE
Entitlement to service connection for a psychiatric disorder.
REPRESENTATION
Appellant represented by: Paralyzed Veterans of America,
Inc.
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
Joseph M. Horrigan, Counsel
INTRODUCTION
The veteran served on active duty from May 1984 to April 1987.
This matter came before the Board of Veterans' Appeals (Board)
from a July 1991 rating decision of the Department of Veterans
Affairs (VA) Regional Office (RO) in Chicago, Illinois. The case
is before the Board for appellate consideration at this time.
REMAND
A review of the claims folder indicates that the veteran's
service medical records are incomplete. In July 1984 the veteran
was seen at at the Mental Health Clinic at Wilford Hall USAF
Medical Center and underwent an interview and testing. A
diagnosis was deferred and no copies of the interview or the
psychological testing are in the claims folder. Similarly, the
veteran received considerable treatment in July and August 1985
at the Mental Health Clinic at the USAF Hospital at Grand Forks
Air Force Base but it was noted that the records of this
treatment remained at the clinic.
The veteran has also reported treatment in 1988 at a private
facility in Canada but no records reflecting this treatment are
in the claims folder. Finally, while the veteran received a VA
psychiatric examination in February 1991, it does not appear that
the claims folder was available for review at that time and the
examiner did not render a definite diagnosis.
In view of the foregoing and given the duty to assist the veteran
in the development of his claim under the provisions of 38
U.S.C.A. 5107(a) (West 1991), this case is REMANDED to the RO for
the following action:
1. The RO should request the service
department to conduct a further search for
service medical records, especially the
clinical records and report of
psychological testing at the Mental Health
Clinic of Wilford Hall USAF Medical Center
in July 1984 and the veteran s treatment at
the USAF Hospital at Grand Forks Air Force
Base in July and August 1985. All records
obtained should be associated with the
claims folder.
2. After obtaining the necessary release
from the veteran, the RO should obtain
copies of all clinical records documenting
the veteran's reported treatment at the
Seven Oaks Hospital in Winnepeg, Manitoba
during 1988.
3. Thereafter, the veteran should be
accorded a VA psychiatric examination to
determine the nature and severity of his
psychiatric disorder. All necessary
special studies should be performed and all
clinical findings reported in detail. The
claims folder must be made available to the
examining physician prior to the evaluation
so that the pertinent clinical records may
be reviewed. At the conclusion of the
evaluation the examiner should express his
opinion, with complete rationale,as to
whether it is at least as likely as not
that the veteran's psychiatric disorder had
its onset during service.
When the above development has been completed the RO should
review the veteran's claim. If the benefit sought remains
denied, the veteran and his representative should be provided
with a supplemental statement of the case and afforded a
reasonable time to respond. Thereafter, the case should be
returned to this Board for further consideration, if otherwise
appropriate.
No action is required of the veteran until he is so informed by
the RO. The purpose of this REMAND is to obtain additional,
clarifying, clinical information. By this REMAND the Board
intimates no opinion as to the outcome warranted in this case.
ALBERT D. TUTERA
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to be
assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This action has been taken in
accordance with the Veterans' Benefits Improvements Act of 1994,
Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and is in
the nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal. 38 C.F.R.
§ 20.1100(b) (1993).